DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M.A- 161/2017

Arising Out Of  E.A- 133/2015

Date of Filing:                                                                                                Date of Disposal:

28.07.2017                                                                                                       05.11.2018 

Dhr :-                              1.       Smt. Mousumi Santra

W/o. Sri Shyamal Santra

42/1/C,

Residing at No

Mondal Para Lane, Kolkata-700090

Presently residing at No-166,

Bidhan Park, Ground Floor

Kolkata-700090, P.S.- Baranagar

Dist- North 24 Parganas.

=Vs=

Jdr/s :-                           1.       M/s Binodini Construction

A proprietorship firm, having its

Office at 35/1, Atta Para Lane,

Kolkata-700050, P.S.-Baranagar

Represented by its sole proprietor

Sri Prabir Kumar Das

S/o. Lt. Banbehari Das

Residing at-35/1, Atta Para Lane

Kolkata-700050, P.S.-Baranagar,

Dist- North 24 Parganas.

2.       Smt. Renu Bala Dutta Roy

W/o. Lt. Sachi Dulal Dutta Roy

3.       Sri Ujjal Dutta Roy

4.       Sri Utpal Dutta Roy

Nos. 3 & 4 S/o Lt. Sachi Dulal Dutta

Roy.

5.       Smt. Soma Baral

6.       Smt. Rupa Nayer

Nos. 5 & 6 granddaughter of

S/o Lt. Sachi Dulal Dutta Roy

Nos. 2 to 6 of 166, Bidhan Park

Kolkata-700090, P.S.-Baranagar.

P R E S E N T  :-        Sri. Bankim Chandra Chattopadhyay………..…..President.

  :-       Smt. Silpi Majumder  ……………………………………Member.

  :-       Smt. Monisha Shaw …………………………………….Member.

            Cont……………………2

:2:

Order No- 15

The Dhr is present. On 28.07.2017 the Dhr filed one application which was registered as MA 161/2017. None is present on behalf of the Jdrs. We take up the said application for hearing and its disposal.  

This order is arising out of the MA being no- 161/2017 filed by the Dhr in the EA- 133/2015 praying for certain amendment in the Deed of Conveyance.

          In the application it is stated by the Dhr that due to inadvertence in the Deed of Conveyance Daag Number, description of land, Khatian Number, Mouja, JL Number, RS Number have not been mentioned.

          According to the Dhr such mentioned is not his malafide latches, rather due to such bonafide latches the Dhr has prayed for incorporation of the abovementioned in the Deed of Conveyance, which has not yet been executed.

          It is stated by the Dhr that if this application is not allowed the interest will be seriously prejudiced and prayer is made by the Dhr for allowing the application.

          Upon considering the content of application in our view that the amendment as sought for by the Dhr is formal in nature which are not change the nature and character of the Deed of Conveyance as well as the averment of the present EA.

          It is also seen by us that if this application is not allowed the Dhr will face serious complications in future.

          In our opinion the prayer as made by the Dhr should be allowed, hence it is ordered that the MA 161/2017 is hereby allowed without any cost.  

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

    Member                                             Member                                                          President

Dictated & Corrected by